Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-08-05
Gen. Butler on a Lawyers Duty

uiSu dho ultf cahbt " AiAS GO E"bhSi
ed at the Boston University Law
School. "The first duty of the youn;
lawyer" said General Butler, is at
solute fidelity in ones client. Th
lawyer is the adviser and director c
his client in his business affairs Yo,
are to do for him what he would d.
for himself did be possess your learn
ing and talents.
Some say, 'Oh; YOU must not de
) fend a guilty man. Why not? Woul,
he not defend himself? You mus
defend him as fully and honorably o
if you knew him innocent. IF yot
knew him innocent it often unfit
even the strongest man for the de
fense, | n,ver wish to defend a mar
unless | know that be is guilty. b
sure that you fnd ont that be is gull
ty. Some men dislike to confcs:
their crime 70 the lawyer for fear tina
then he will not undertake the case
You must establish g. feeling of conf
dence with such. Let them know
thai you must have all the facts.
| Never allow yourself to state TO the
jury that your client is innocent. Il
is your business to act as though il
were SO. you know nothing about
the circumstances you are like an ass
jumping around in lanyard and moi
! knowing where the pits are. Again
never bargain with your clients. &c,
your fees, aB++get them early. If the
case fails. you will then find it some
what difficult to collect your fees
Apply to them the adage:-
When the devil was sick, monk he would
be,
But when he was WE'LL the devil a monk was
he.
"There is no necessity to say that
one should not disclose the secrets of
the client. We seldom hear OF trust
being betrayed. In the making of
wills. the textbooks give the forms,
1t is a case that calls for thought. A
son calls you in to make the will of O
dying fathef. You are not the law
yer for the son, but for the father.
Tell him the legal effects Of every
part. Again, if you are ever asked
TO he an executor, ask that some
member Of the family be appointed
with you. It will save you much
trouble if a contest arises. You will
he free from any susp cion. You will
lose nothing by this. In any
case you will do oil the work;
take care OF the estate, and have all
the emoluments that fairly belong to
you. You become the counsel of
both sides the moment you become
the conveyancer snd Discrimination
You must act thoughtfnlly and care
fully for both. Do not act as O
banker, broker or business agent for
your client, except as connected with
bis legal rights.
Young gentlemen, you ought not
to lose any CT your first cases, ,!tor you
will be employed by the plaintilf. The
defendant doesn't employ young
lawyer. You can study case before
as well as during trial and it is your
own fault if you lose it. l lose three
case now where, when was twenty
five, | lest one. Then | was employ
ed by the plaintiff, now by the de-
fendaut, or in cases that have been
tried or half tried, W here oil hope OF
success was dead and buried. | have
to take my cases where | can find
them. Eafly in my practice labor
ing man came into my Office and said:
Can woi al who keeps boarding
house hold woEkiBgman's clothes for
his board?" told him she could
not, and was engaged to make out a
writ, which was served, but the
woman refused to give up the clothes.
The case was to come on trial the fol-
lowing Monday, when the man came
in and asked: esquire, does it make
any difference if L told her she might
keep the clothes till l paid my
board?" I told him it did,; that he
had no case. But she hain't got no
wgiting,' he said. l told him that
made no difference; a verbal promise
was pledge, and | would not pre-
sent his case to the court, but by q
fee l was persuaded, much against
my will. There was but one witness
to the pledge, and him l recognized
as man who had been convicted of
larceny. | objected to his being
sworn, and as there were no other
witnesses, the case was decided for my
client, much to my disgust. tell
this to illustrate the importance of
never giving up a case, even when
there seems to be no hope When
/ you 60 in you had better 60 through,
but you had better be careful how
you go in.
"In your professional conduct with
you associates you must preserve per
feet faith. Let you yea be yea and
your nay nay. If you make an agree
ment by word of mouth, keep it, no
matter how mucA you regret it. |
have always made it q rule to keep
my verbal agreements in the way
they were understood by the other
party. But some people always in
sist upon written agreement. With
such man | live up to just what is
written, but take advantage of the
man if can.
"Stand by your own opinions un-
| der all circumstances, not that you
will always be right, but you will get
your views of law. If you are in
doubt, always take exceptions to the
ruling of the Judge. If you are wrong
you can abandon it, but if you let it
go you surely lose it. You will be
wrong in many points of law, as l
have been, but if you try all fairly
you will win some of them. In
your university you hare been
grounded in the principles of law.
Apply these principles, and after CON-
| ing to decision search the books,
and will end that the point has been
decided somewhere, though there
may be some point which you Lave
overlooked. 1t is said that law is
the perfection of human reason. You
have had clear and good instructions.
Apply it to any point, and you ought
to come to the same decision, in the
same manner, as the learned Judge"
Many man finds it difficult to
'